August 12, 2024 at 7:00 PM - Board of Education Regular Meeting

Rationale:  Information concerning the Open Meeting Law, Chapter 84, Article 14 of Nebraska State Statutes, is posted in the meeting room at a location accessible to members of the public and attached to the online agenda. 

Mrs. Kari Loseke, Board President, will call the Board of Education Regular meeting to order.

Rationale: 

The Board Secretary will conduct roll call attendance. 

Rationale:  Dr. Gilson will lead the Board in the Pledge of Allegiance.

Rationale: 

• July 8, 2024 Board of Education Regular Meeting Minutes

Rationale: 

• General Fund
• Building Fund and Savings & Depreciation

Rationale: 

• Activity Fund
• General Fund

Rationale:  The Blair Dance Team is receiving donations totaling $3,000 from the following companies:

• Taylor Oil - $1,000
• Uniscope Solutions - $1,000
• Veracity Metals - $1,000

The funds will be used by the Blair Dance team to fund their trip to Florida for the National Dance Team Championship in Orlando, Florida, Friday, January 31, 2025-Sunday, February 2, 2025.  The benefit of accepting the donations is to help the dance team not pay so much out of pocket.  

Rationale:  The Blair TeamMates is requesting permission to use Otte Middle School on Sunday, October 13, 2024, from 12:30pm - 5:00pm to hold a reception for their 20-Year Celebration.  

Rationale:  A letter has been received from Cashell Shonka, Head Dance Team Coach, and Tyler Siecke, District Activities Director, requesting permission for the Blair High School Dance Team to attend the National Dance Team Championship in Orlando, Florida, Friday, January 31, 2025–Sunday, February 2, 2025.  

The attendance at Nationals would be the first in the history of Blair High School.  Being the first team to attend this level of competition gives a great sense of pride and accomplishment to our team and school.  

Rationale:  This is the portion of the meeting when members of the public may address the board about matters of public concern.

INSTRUCTIONS FOR MEMBERS OF THE PUBLIC WHO WISH TO SPEAK:

Rationale: 

The Policy Committee met on Monday, July 15, 2024. Meeting minutes are attached.

Policies
600.00 General Policy Statement
601.00 Scope of Instructional Program
602.00 The Program of Instruction
610.00 School Instructional Hours
611.00 Classroom Environment
611.20 School Day for Students
611.40 Emergencies
611.50 Fire Drills, Emergency Plans
611.60 Emergency Dismissal or Cancelation
611.70 Ceremonies and Observances and Pledge
612.00 Safe Schools Policy
620.00 Objections of the Instructional Program
620.10 Curriculum Decisions
620.10A Curriculum Decisions - Regulation
621.00 Curriculum Development and Adoption
621.10 Curriculum - Assessments Security
621.10A Curriculum Review Cycle
621.20 Assessments—Academic Content Standards 
621.30 Reading Instruction and Assessment
621.40 Assessment Security
621.50 Collection of Information Relating to Dyslexia
622.00 Experimental/Innovative Program
623.00 Curriculum Guides
624.00 Homework
624.10 Purpose of Homework
626.00 Guidance 
627.00 Field Trip 
628.00 Activities 
628.10 Activity Funds Management 
628.20 School Colors 
628.30Concussions 
628.30A Return to Learn Protocol
628.30B NDE Bridging the Gap February 2014
628.30C NDE Bridging the Gap Appendix February 2014
628.40 Initiations, Hazing, Secret Clubs and Outside Organizations
628.50 Student Participation in Athletic Contests Between Schools
628.60 Return to Learn From Cancer
628.70 Plagiarism, Copyrights and Patents 
628.80 Artificial Intelligence
629.00 Dedications and Commencement
630.00 Selection and Review of Instructional and Media Materials
631.00 Textbook Loan 
632.00 Parent Requests for Exclusion
636.00 Recognition of Religious Beliefs and Customs
636.10 Acknowledgment of Religious Holidays 
636.20 Religion in the Curriculum 
636.30 Purpose of Religion in the Curriculum 
637.00 Multicultural Education 
638.00 Equal Opportunity: Instruction Program 
639.00 Controversial Issues 
639.10 Controversial Issues in the Classroom 
640.00 Parental/Community Involvement in Schools 
641.00 Combined District and School Title I Parent and Family Engagement Policy 
650.00 Free and Reduced Price Meals 
660.00 Special Education 
670.00 Firearm Policy 
680.00 Computer—Internet Safety and Acceptable Use Policy 
690.00 Chronic Infectious Disease Practice and Procedure 
691.00 Dispensing Medications 
692.00 Student Self-Management of Asthma, Anaphylaxis, and/or Diabetes 
692.00A Asthma or Anaphylaxis Medical Management Plan Form
692.00B Diabetes Medical Management Plan Form
692.10 Safe Seizure Schools
693.00 Behavioral Points of Contact 
693.10 Library Book Objection Form
500.83 Compulsory Attendance
510.10 Student Discipline
520.50 Graduation Requirements
206.02 Board Association Membership
204.07 Meeting Notice
204.12 Public Participation at Board Meetings 
1003.01 Public Examination of District Records
706.01 Purchasing Procedures
501.03 Preschool Enrollment
520.10 Promotion & Retention
731.40 Contracting Services
324.10 Emergency Response Mapping
357.10 Meal Charge Policy
414.10 Teacher Training

Rationale: 

The Buildings, Grounds, and Transportation Committee met on Monday, July 29, 2024. Meeting minutes are attached.

Rationale: 

The Finance Committee met on Tuesday, August 6, 2024.  Meeting minutes are attached.

Rationale:  Dr. Gilson is recommending to the Blair Governing Board to adopt the following Title IX Policy:  103.02-Title IX Policy and to amend policy 103.03-Title IX - Procedure for Complaints of Sexual Harassment.

On Wednesday, July 24th, the US District Court of Eastern Missouri entered an Order, enjoining the US Department of Education from implementing the proposed Title IX regulations in six states, including Nebraska. As a result, the new Title IX regulations will not go into effect in Nebraska on August 1st. Litigation over the proposed regulations will likely continue, though the upcoming presidential election could determine the fate of these regulations.

• Case Law 2024 #1

• Case Law 2024 #2

Below is information from legal counsel, Perry Law, supporting these policies: 

At its inception, Congress broadly authorized federal agencies to develop rules and regulations to "effectuate the provisions" of Title IX. Since then, the United States Department of Education has adopted and revised hundreds (if not thousands) of pages of regulations and guidance. 

Unfortunately for school districts, the past few years have seen significant changes to the Title IX regulations. In particular, the recent trend has shown that new presidential administrations have taken widely different approaches than their predecessors. To this end, the Title IX regulations have been revised or interpreted very differently between the Obama Administration, Trump Administration, and now the Biden Administration. This ever-changing approach to the federal regulations could continue, depending on what happens in November’s presidential election. 

Although this Memorandum is not and should not be taken as taking any political position, the reality remains that the politics in Washington, D.C. have resulted in perpetual changes for schools to comply with their Title IX obligations. 

The Latest Proposed Changes 
On April 19, 2024, the US Department of Education announced new, proposed changes to the Title IX regulations. In fairness to the Department of Education, many of these new changes would benefit school districts in their investigation and handling of Title IX complaints. However, as with any new regulations, new rules usually mean new requirements. New requirements usually mean changes to policies and handbooks. And under the proposed Title IX regulations, the investigation process would look different (again) and every school staff member would need to be trained.6 These new regulations are set to become effective on August 1, 2024. 
Since the April release, at least four federal courts have entered injunctions to prevent the new regulations from going into effect. The State of Nebraska has filed a similar lawsuit to block the regulations in our state, though the court has not ruled on that request as of the date of this Memorandum.7 Nonetheless, it seems likely that Nebraska’s request will be granted, given the number of other judges who have already heard the same legal arguments and decided to prevent the regulations from moving forward. 

Adding to this legal uncertainty, on June 28, 2024, the U.S. Supreme Court entered its decision in Loper v. Raimondo, ending the long-standing Chevron deference. The Chevron doctrine is based upon a prior Supreme Court decision that generally directed federal judges to defer to a federal agency in questions about statutory interpretation. The Chevron doctrine has been controversial since the case was decided decades ago, since legal scholars questioned why the federal judiciary could not render its own interpretation instead of deferring to the federal agencies. Nonetheless, Chevron has now been overturned. The full impact of the Loper decision is not yet apparent but, as a result, the U.S. Department of Education’s perhaps strongest legal argument in support of its new regulations (deference under Chevron) is no longer available to them. 

Recommended Steps Moving Forward 
As it stands today, the new federal regulations may or may not go into effect in Nebraska on August 1, 2024, which may or may not require schools to handle Title IX differently than they have in the past. As noted above, the likelihood of the proposed Title IX regulations becoming effective on August 1 seems low, given the precedent of other judges who have already addressed the same issue in other states. Even if the regulations go into effect on August 1, there remains a likelihood that a court will enjoin them shortly thereafter. Even more, the end of Chevron deference could place the 2020 Title IX regulatory updates in legal jeopardy, though that type of challenge could take years and a new presidential administration could eventually change the regulations anyway. 

In the end, the "back and forth" legal uncertainty continues to put schools in a bind that should not be as convoluted or challenging. Districts continue to have an obligation to comply with the Title IX statute as it was originally written: to prevent discrimination on the basis of sex. As a result, and to avoid needing the Board of Education to change (or rescind) Title IX policies and procedures moving forward, we recommend the following steps at your August Board Meeting: 
1. Update Policy 1200 (Title IX) with the attached version to authorize the Superintendent to develop and distribute Title IX procedures; and 
2. Rescind Policies 1220 and 1220z entirely. 

Under this approach, the Board continues to have a Title IX Policy, but does not need to regularly update the Title IX formal grievance procedures based upon new administrative guidance or court decisions. Moving forward, the attached Procedures are sample procedures that the Superintendent can implement and follow. In our view, these Procedures comply with Title IX as the statute is drafted, maintain the essential and best elements of both the 2020 and 2024 regulations, and would be defensible in an OCR complaint or lawsuit. Once the Superintendent approves the Procedures, the Procedures should be posted somewhere on the school’s website. Any future updates to the Title IX interpretation or guidance could then be addressed via the Superintendent’s changes to these procedures. 

As for training, it remains "best practice" (as with any legal requirement) for your administration and Title IX Coordinator to be trained on your district’s obligations under Title IX. However, at this time, we do not believe it is necessary to train all staff by August 1, as contemplated by the proposed regulations. If the regulations are permitted to become effective on August 1, both a brief "on-demand" training (for all staff) and more robust "on-demand" Title IX Coordinator training will be available through the ESUCC. In-person training is also available through the NCSA. Finally, we are always available to help develop individualized training for your District. 
 

Rationale:  Monthly Board Reports

• Student Services
• Blair High School
• Otte Middle School
• Arbor Park Elementary
• Deerfield Elementary